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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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What is the cost? by credit card? Province of saskatchewan,

Customer Question

What is the cost?
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.
Customer: by credit card?
JA: What state is this in? And when did the issue begin?
Customer: Province of saskatchewan
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: how am i charged? by credit card?
Submitted: 11 months ago.
Category: Canada Law
Expert:  Debra replied 11 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 11 months ago.

I don't see any facts here or a question either.

Please provide the basic facts and your specific question and then I will answer.


Customer: replied 11 months ago.
I assume you have knowledge of Saskatchewan estate law. I am the beneficiary of a Saskatchewan discretionary trust fund, which is being managed by a trustee (Doug) at Mennonite Trust in Swift Current, Saskatchewan. I have had problems with Doug (I call him my "distrustee"), from day one. I have been asking him to send me regular accounting reports, which he neglected to do until yesterday. When I asked him why, he advised me that the beneficiaries of discretionary trusts are usually not able minded so they don't bother sending out reports. I am very able minded and he knows it. I asked Doug to send me the trust document that was established to set up the trust and he told me that it is a testamentary trust and sent me a copy of my mom's will. All that it says is "One share (of my mother's estate), to be deposited to a Discretionary Trust account for Patricia Lupton as follows: My Trustee shall have full authority as to the usage of these funds, whose receipt shall be sufficient discharge to my Executor and Trustee. There is nothing about me not being an able minded beneficiary. I also asked my trustee to send all the items that he was holding for me to my sister. After one year of asking him to do this, yesterday he sent me confirmation that he had sent the items to my sister and a photo of the contents. In the photo, there were seven boxed set of Canadian coins, five coins in separate cases and a gold horn pendant. When my mother died, Doug told me that the safety deposit box contained some pieces of jewelry and one gold coin that he estimated to be worth around $1000. As my mother left the contents of her safety deposit box to my sister and me, shortly after my mother's death, Doug suggested that he could sell the coin and give us each $500. Doug declined to mention that there were 5 other coins in her safety deposit box that could be of value. I decided to buy out my sister's share of the security box's contents ($500), but other than the gold coin that Doug mentioned, I was not aware of the actual contents until I received the photo yesterday. Doug is also the executor of my stepfather's estate (John is still alive), and during the execution of my mother's estate, Doug advised John to contest my mother's will and hold up probate for six months, even though John received all of my mother's investments. My sister and I contacted Doug's superior about this as we felt that Doug should not be giving John legal advice. Doug was reprimanded for his behaviour. Since then, my relationship with Doug has been confrontational, to say the least. My stepfather married my mom when I was 11 (I am 53 now), and has no children of his own. He inherited a lot of money from my mother and as I was his dependent and lived in a home he owned jointly with my mother, I feel that I should be in his will. John and I haven't been in touch since he contested my mother's will so I wouldn't be surprised if he has disinherited me. I advised Doug that, if I am not in John's will, I will contest it and asked him to advise me of John's passing. I also asked if his being my trustee and the executor of a will that I may contest would be a conflict of interest. He replied that he doesn't know details about John's will (he does), and that it may be a conflict of interest if I decide to contest the will and he refuses to give me funds to hire a lawyer for this purpose. He did not say whether he would advise me of John's death. Long story short...I think that Doug has breached his fiduciary duty but I don't know what to do about it. What should I do?